emerging rule (Iowa) · Go Syfert
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emerging rule in Iowa

5 Iowa opinions name it 2 courts 1974–2021 1 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ella Metcalf, Etc. v. Harold O. Swank, Etc.green
ca7 · 1971 · cited in 2 Iowa opinions naming this issue, 1974–1988
2 sentences

1988However, the emerging rule would appear to be that since the administrative remedy cannot resolve a constitutional challenge, exhaustion will not be required unless the administrative action might make judicial determination of the constitutional question unnecessary. 444 F.2d 1353, 1355-56 (7th Cir.1971) (citations omitted).

1974See Public Utilities Commission v. United States, 355 U.S. 534, 539-540 , 78 S.Ct. 446 , 2 L.Ed.2d 470 (1958).” Metcalf v. Swank, 444 F.2d 1353, 1355-1356 .

22
Iowa Fuel & Minerals, Inc. v. Iowa State Board of Regentsgreen
iowa · 1991 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021See Iowa Fuel & Minerals, Inc. v. Iowa State Bd. of Regents, 471 N.W.2d 859 , 862–63 (Iowa 1991) 12 (“When a contract is not ambiguous, it will be enforced as written, but when there are ambiguities in a contract, they are strictly construed against the drafter.” (internal citation omitted)); see also Beres, 943 N.W.2d at 588 (Appel, J., concurring specially) (recognizing “an emerging rule of interpretation dictates that plea bargains should be construed against the government, with ambiguities in the plea agreement to be construed against the state”).

11
United States v. James M. Gebbie, Midwest Presort Mailing Services, Inc., and James D. Richtergreen
ca3 · 2002 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., United States v. Gebbie, 294 F.3d 540 , 551–52 (3d Cir. 2002) (“When we interpret ambiguous plea agreements and extrinsic evidence does not resolve the ambiguity, then we construe the ambiguity against the drafter.

11
Public Util. Comm'n of Cal. v. United Statesgreen
scotus · 1958 · cited in 1 Iowa opinions naming this issue, 1974–1974
2 sentences

1974See Public Utilities Commission v. United States, 355 U.S. 534, 539-540 , 78 S.Ct. 446 , 2 L.Ed.2d 470 (1958).” Metcalf v. Swank, 444 F.2d 1353, 1355-1356 .

1974See Public Utilities Commission v. United States, 355 U.S. 534, 539-540 , 78 S.Ct. 446 , 2 L.Ed.2d 470 (1958).” Metcalf v. Swank, 444 F.2d 1353, 1355-1356 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Matters v. City of Ames green
iowa · 1974
1 sentence

1988Although approving the rule, we held that the plaintiff was still faced with the exhaustion requirement because he had challenged the ordinance “as applied,” not “on its face.” Matters, 219 N.W.2d at 720 .

11988–1988
Salas v. Cortez green
cal · 1979
2 sentences

1982Salas, 24 Cal.3d at 27 , 154 Cal.Rptr. at 533 , 593 P.2d at 230 .

1982Salas, 24 Cal.3d at 27 , 154 Cal.Rptr. at 533 , 593 P.2d at 230 .

11982–1982

Where else courts name it

NY 8 (1973–2005) IL 5 (1976–1994) IA 5 (1974–2021) TX 2 (1987–1987) AZ 2 (1981–2008) CT 2 (1988–2007) MN 2 (1958–1990) LA 2 (1991–1997) CA 2 (1986–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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